PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 13-00831
EQUITY LOAN AND ASSET-BACKED CERTIFICATE SERIES 1999-2, DELTA

HILARY LESNIAK, PLAINTIFF-APPELLANT, V WELLS FARGO BANK NA SUCCESSOR BY MERGER TO WELLS FARGO BANK, MINNESOTA, NA AS TRUSTEE FORMERLY KNOWN AS NORWEST BANK MINNESOTA, NA AS TRUSTEE FOR THE DELTA FUNDING HOME FUNDING CORPORATION, OCWEN LOAN SERVICING LLC, AMERICAN SECURITY INSURANCE CO., PETER T. ROACH, ESQ., JOHN DOES AND JANES DOES, SAID NAMES BEING FICTITIOUS, PARTIES INTENDED BEING POSSIBLE TENANTS OR OCCUPANTS OF PREMISES AND CORPORATIONS, OTHER ENTITIES OR PERSONS WHO CLAIM, OR MAY CLAIM, A LIEN AGAINST PREMISES, DEFENDANTS-RESPONDENTS.

Appellant having moved, pursuant to CPLR 5520 (a) for an extension of time to serve her notice of appeal taken herein from an order and judgment of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on July 17, 2012, and having moved to extend the time to perfect the appeal,

Now, upon reading and filing the affidavit of Laurie A. Lesniak, Esq., sworn to May 6, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks an extension of time to serve the notice of appeal on respondents Wells Fargo Bank, NA, Peter T. Roach, Esq., and American Security Insurance Co., is granted and the notice of appeal is deemed timely served on those parties, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is granted and appellant shall perfect the appeal on or before August 5, 2013, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: May 23, 2013

Frances E. Cafarell, Clerk